Can my landlord use my security deposit to fill the oil tank?

I recently moved out from a house that I have rented for the last 5 years (month-to-month). I asked for my deposit back which was $1,000 and they told me they would give $400 since I left the oil tank on a quarter and it needed to be filled. I do not recall if the tank was full or not. Can they do this? Also, should I be getting interest on my deposit?

Asked on November 12, 2011 under Real Estate Law, Connecticut

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to carefully read your lease in that its terms and conditions control the obligations owed to you by your former landlord and vice versa in the absence of conflicting state law.

Read the provision concerning the use of your security deposit by the landlord. If it does not state it can be used for heating oil upon move out, it cannot. Most security deposit provisions require the deposit be only used for damages to the unit upon move out.


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